Ex-Palawan gov Reyes seeks dismissal of Malampaya graft raps

Former Palawan governor Mario Joel Reyes has asked the Sandiganbayan to dismiss the graft cases filed against him over the alleged anomalous use of some P1.53 billion from the Malampaya fund.

In his 22-page motion for reconsideration, Reyes requested the anti-graft court’s Second Division to reverse its resolution finding probable cause to hold him liable for graft, and to dismiss the cases for lack of probable cause.

Reyes was charged with 36 counts of violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act due to his supposed involvement in construction projects in 2008 with a total costs of P1.534 billion.

His graft charges were broken down into three sets:

• 11 counts of violation of the law’s Section 3(e) for his supposed conspiracy with his co-accused in the alleged irregular bidding of the Malampaya projects awarded individually to the private respondents,
• 22 counts of violation of Section 3(g) for allegedly entering into 22 contracts which are said to be “disadvantageous” to the Palawan government, and
• 3 counts of violation of Section 3(e) for supposedly certifying and approving 11 disbursement vouchers for payment of three projects allegedly without supporting documents.

Reyes, in his motion, claimed that he did not act with manifest partiality, evident bad faith or gross inexcusable negligence in the alleged bidding irregularities for the Malampaya projects.

“Accused as Governor of Palawan, was not part of the BAC (Bids and Awards Committee). To be sure, Accused was not involved in the bidding process for projects funded by the Malampaya fund,” his motion read.

Reyes also pointed out that based on the Ombudsman findings, it was clearly shown that his co-accused, Samuel Madamba II, who approved the BAC resolutions on his behalf.

Aside from this, Reyes also said Madamba was involved in the certification and approval of the 11 disbursement vouchers which allegedly had no supporting documents.

“As expressly stated in the Ombudsman’s Resolution, it was Accused Samuel Madamba, as Provincial Planning and Development Coordinator and/or Accused Elena Rodriguez, as Provincial Legal Officer, who approved the DV’s,” read his motion.

The motion likewise said there is no proof that the 22 contracts Reyes allegedly entered into were disadvantageous to the government.

“There was no allegation of delay on the part of the contractors, or any instance where liquidated damages were not collected as a result of the failure to include the said provision. There is no showing that either default on the part of contractors, or failure to collect liquidated damages occurred in this case,” his motion read.

“Given the foregoing, the Honorable Court is most respectfully request to reverse and reconsider its [resolution] finding probable cause against Accused, and instead issue a new Resolution dismissing the present case against Accused for lack of probable cause,” it added.

Aside from this, Reyes is also facing another graft case before the Sandiganbayan in relation to his involvement in the fertilizer fund scam.

The former provincial governor is also tagged as one of the masterminds in the killing of broadcaster and environmentalist Gerry Ortega in 2011.

He and his brother, former Coron, Palawan Mayor Mario Reyes, are facing criminal charges in connection with Ortega’s slay. —KBK, GMA News